[History: Adopted by Tribal Act #05-23.1507, enacted by Tribal
Council on June 15, 2005.]
The purpose of this Code is to establish the GTB Police Department
and to delineate the management structure of the GTB Police Department
and the allocation of human resources responsibilities and the administration
of justice for purposes of maintaining the peace within the Indian
Country jurisdiction of the GTB.
[History: Adopted by Tribal Act #05-23.1507, enacted by Tribal
Council on June 15, 2005.]
(a) "Captain" shall mean the commanding officer of the GTB Police.
(b) "Acting Captain" shall mean the acting commanding officer of the
GTB Police.
(c) "Officer" shall mean any member of the GTB police executing the constitutional
oath of office.
(d) "Members," "members of the department," or "members of said department"
shall mean any employee of the GTB Police Department whether an officer
or a civilian employee.
(e) "Tribal Manager" shall mean the person identified by Article XII
Section 2 (a) ("controlled by the Tribal Council directly or indirectly
through a Tribal Manager").
(f) "Department" shall mean the GTB Police.
(g) "Tribal Government" is the Grand Traverse Band of Ottawa and Chippewa
Indians. For purposes of this Code, Tribal Government does not include
the Economic Development Corporation, any entity owned by the Economic
Development Corporation, or any other entity chartered by the Tribal
Council.
(h) "Department Manager" shall mean the person designated by the Tribal
Council as the programmatic manager of the Public Safety Department
of the GTB.
(i) "Dismissal" means:
(1)
A termination, including that resulting from the elimination
of a position, of an employee by an employer;
(2)
A layoff or suspension of an employee by an employer for more
than two consecutive months; or
(3)
A quitting of employment or a retirement by an employee induced
by an act or omission of the employer, after notice to the employer
of the act or omission without appropriate relief by the employer,
so intolerable that under the circumstances a reasonable individual
would quit or retire.
(j) "Tribal Court" means the Grand Traverse Band Tribal Court.
[History: Adopted by Tribal Act #05-23.1507, enacted by Tribal
Council on June 15, 2005.]
(a) There is hereby created a department of the Tribal government which
shall be known and designated as the GTB Police Department within
the GTB Department of Public Safety. The Captain of the GTB Police
Department shall be in charge of the GTB Police Department as its
executive head, and he or she shall have complete and direct supervisory
control over all constitutional commissioned officers and civilian
police personnel of the GTB Police Department. The Captain shall be
appointed by the Tribal Council, with the advice and recommendation
of the Tribal Manager, and shall hold office during competent administration.
(b) The Department Manager of the Department of Public Safety shall be
in charge of the program management functions of the GTB Police Department
and have co-supervisory authority, in conjunction with the Police
Captain, over the employees of the GTB Police Department.
(c) The Captain of the GTB Police Department and the Department Manager
of the Department of Public Safety for administrative purposes shall
report to the Tribal Manager.
(d) Nothing in this section shall impair the independent law enforcement
duties of the Captain to pursue law enforcement actions consistent
with Tribal or Federal law.
(e) The Captain may appoint or designate two officers among the seven
highest ranking commissioned officers of the department to serve in
order of precedence, as named, as acting Captain in his or her absence
from the office, during his or her illness or during his or her disability
for any reason to perform his or her duties, provided, however, that
any such officer so acting shall receive no additional compensation
by virtue of the interim appointment. An officer appointed as acting
captain may be relieved of such appointment at the will of the Captain.
(f) The grades and duties of the officers of the GTB Police Department
shall be captain, sergeant, corporal, policeman and policewoman. The
officers shall be authorized to carry arms either openly or concealed.
Every member of the GTB Police Department shall be subject to orders
at any time, the officers shall at all times have the authority to
apprehend criminal and preserve law and order.
[History: Adopted by Tribal Act #05-23.1507, enacted by Tribal
Council on June 15, 2005.]
(a) The GTB Police Department shall consist of a uniformed division,
a detective division and such other divisions that may be established
by law or by the Captain in his or her discretion. The Captain shall
appoint and employ all members of the GTB Police Department and they
shall be classified as officers or civilian employees.
(b) All persons appointed as officers shall be at the time of their appointments
not less than 21 years of age and not more than a maximum age limit
to be determined by the Captain in his or her discretion.
(c) All persons appointed as officers shall execute the constitutional
oath of office before entering upon their duties.
(d) No officer shall be dismissed, except when insufficient funds require
a reduction in expenditures in which case the officer or officers
shall be dismissed consistent with 1) Indian preferences and then
2) term of service with the Tribe and those officers junior in time
shall be dismissed.
(e) Termination for cause shall only be permitted upon a hearing as hereafter
provided in §§ 507 and 508 of this chapter.
(f) Civilian employees may be terminated consistent with the GTB administrative
dismissal process as established by the Tribal Council in the GTB
Personnel Policy.
[History: Adopted by Tribal Act #05-23.1507, enacted by Tribal
Council on June 15, 2005.]
(a) The Captain and each officer of the GTB Police Department are vested with the powers of a conservator of the peace. They may also apply to any judicial officer of the Tribe for the issuance of search warrants, warrants of arrest or any other criminal process, or orders necessary when the institution of criminal proceedings for the discovery or punishment of crime of any degree is ordered in writing by the GTB Prosecutor consistent with 3 GTBC Chapter
1.
(b) The Captain and each officer of the GTB Police Department have all
the immunities and matters of defense available to conservators of
the peace or commissioned tribal and federal officers, or both, in
any action brought against them by virtue of acts done in the course
of their employment.
(c) Any member of the GTB Police Department may serve and execute all
criminal and civil process, when directed to do so by the Tribal Manager
or the GTB Prosecutor, in actions and matters in which the Tribe is
a party. The Captain and the GTB Police Department are under the immediate
control and direction of the Tribal Manager in matters not directly
related to law enforcement.
(d) The GTB Prosecutor may direct that the GTB Police officers conduct a specific investigation or matter in any matter the GTB Prosecutor is charged with the responsibility thereof under 3 GTBC Chapter
1.
(e) The Captain may, upon the order of the Tribal Manager, or extemporaneously
under exigent circumstances, call upon any sheriff or other police
officer of any unit of state or federal government, within the limits
of their respective jurisdictions as contained in an independent cross-deputization
intergovernmental agreement or memoranda of the Tribe and the unit
of State government or any superintendent federal law governing the
relationship between federal law enforcement agencies and the Tribal
law enforcement agency, for aid and assistance in the performance
of any duty imposed by this Code and Tribal jurisdiction under Indian
Country jurisdictional standards of 18 U.S.C. § 1151.
(f) The Captain shall formulate and put into effect plans and means of
cooperating with the local police and peace officers throughout the
Indian Country jurisdiction, 18 U.S.C. § 1151, of the Tribe
for the purpose of the prevention and discovery of crimes and the
apprehension of criminal.
(g) The Captain is hereby authorized, with the approval of the Tribal
Manager and only upon specific motion of the Tribal Council, to appoint
GTB conservation officer as special GTB police officer, who shall
be vested with the powers of an officer of the GTB Police, and who
shall in his or her capacity as special GTB police officer be under
the direction of the Captain.
[History: Adopted by Tribal Act #05-23.1507, enacted by Tribal
Council on June 15, 2005.]
(a) The Department Manager of the Department of Public Safety shall have
the principal administrative duty of developing all policy and procedures
manuals consistent with applicable federal, state and tribal law.
(b) Setting performance standards for the GTB Police certification and
evaluation standards for GTB Police civilian personnel.
(c) Preparation of the GTB Police annual and capital budgets for submission
to the GTB Office of Management and Budget consistent with budget
cycle as defined in applicable federal and tribal appropriation law.
(d) Administration of the GTB Police Budgets and the filing of financial
reports with the appropriate federal, state and tribal appropriation
agency.
(e) The Department Manager of the Department of Public Safety is under
the direct supervision of the Tribal Manager.
(f) Nothing in this section shall impair or limit the independent duty
of the Captain to make independent law enforcement decisions consistent
with federal and tribal law.
[History: Adopted by Tribal Act #05-23.1507, enacted by Tribal
Council on June 15, 2005.]
(a) The Captain shall make and adopt rules and regulations for the direction,
control, discipline and conduct of the members of the GTB Police Department,
for promotion on the basis of Indian Preference and seniority of service,
of the officers of the Department.
(b) The Captain shall develop regulations for the filing and hearing
of charges against such officers and the Captain may make any other
rules and regulation for the governing and operation of the GTB Police
Department as shall appear to him reasonably necessary to carry out
the purposes of this Code.
[History: Adopted by Tribal Act #05-23.1507, enacted by Tribal
Council on June 15, 2005.]
(a) A trial board to hear charges against officers of the GTB Police
Department consisting of the Captain and two officers from among the
commissioned officers of the department, senior in service, shall
be appointed by the Captain. The Captain shall be the presiding officer
hereof and make all necessary rulings during the course of any hearing.
He shall also make rules and regulations for the filing of verified
written charges against an accused officer, for a hearing upon the
written charges in not less than 10 days' notice and for an opportunity
for the charged officer to produce proof of a defense.
(b) The Captain or the officer acting in the Captain's stead as presiding
officer of the trial board is empowered to issue subpoenas to compel
the attendance of witnesses and the production of evidence in support
of charges, and shall issue subpoenas for witnesses for the defense
and shall on his or her own motion if he or she have knowledge or
is independently informed of other persons having knowledge of the
matters charged compel their attendance at the hearing by subpoena.
(c) Persons summoned as witnesses before the trial board shall be entitled
to witness fees and mileage for traveling, as provided by GTB Court
Rules for witnesses. Failure or refusal to obey any such subpoena
shall be brought to the attention of the Tribal Court and shall be
punished by the Tribal Court as contempt.
(d) Upon written order of the Captain, any officer appointed or designated
to act in the absence as acting captain may sit in his or her place
and stead as presiding officer of the trial board.
(e) If the trial board finds the charges credible based upon an evidentiary
standard of clear and convincing then the trial board shall make a
finding of guilty and recommend either removal of the officer or such
disciplinary punishment as prescribed by the rules and regulations
which, in their opinion, the offense merits; thereupon the Captain
shall direct such removal or punishment. If any officer refuses to
abide by any such disciplinary order, the Captain may be ordered to
remove him or her forthwith. Nothing herein contained shall require
a hearing before said board before disciplinary measures may be taken
by the Captain or any commanding officer for the punishment of minor
infractions of the rules and regulations of the department.
(f) Review by the Tribal Court shall only affirm or reverse the trial
board decision on a standard of review that the decision is arbitrary
and capricious and not supported by the evidence. In no event shall
actual or consequential damages be allowed.
[History: Adopted by Tribal Act #05-23.1507, enacted by Tribal
Council on June 15, 2005.]
(a) Until the Tribal Council may appoint a Captain incident to a resignation
or for cause termination as herein provided, the present Captain of
the GTB Police Department and the present Department Manager of the
Department of Public Safety shall continue in office as such Captain
and Department Manager. Nothing herein contained shall be deemed to
terminate any commission appointment, or employment existing under
the present process for the administration of the GTB Police Department.
(b) All matters and orders pending before or made by any officer or department
under the Code to the GTB Police Department shall be deemed to be
continued with like status for the GTB Police Department. All existing
appropriations for the support and maintenance of the GTB Police Department
for the performance of any duties are hereby maintained and transferred
to this administrative structure contained in this chapter.
[History: Adopted by Tribal Act #05-23.1507, enacted by Tribal
Council on June 15, 2005.]
All fees or other money received by the GTB Police Department
shall be forwarded to the GTB Office of Management and Budget each
month and shall be the property of the Tribe to be deposited in the
Tribal Treasury to be disbursed in such manner and for such purposes
as may be provided by the Tribal Council.
[History: Adopted by Tribal Act #05-23.1507, enacted by Tribal
Council on June 15, 2005.]
On or before the first day of January of each year the Captain
shall make and file with the Tribal Manager a report covering the
proceeding year, covering the activities of the GTB Police Department
and the receipts and disbursements of the Department. Said report
shall be accompanied by the recommendations of the Captain with reference
to such changes in the laws applying to or affecting the Department
as said Captain may deem appropriate. This report shall serve as the
basis for further recommendation, along with an independent assessment
by the Tribal Manager, for further legislative action or inaction.